Employee vs. Employer Contributions
401(k) plans often include both employee (participant) contributions and employer contributions. In a QDRO, both may be divided—but only the vested portion of the employer contributions can be distributed to the alternate payee.
If your spouse is not fully vested at the time of divorce, they may forfeit a portion of their employer contributions. A well-drafted QDRO will make clear whether only vested funds are assigned or whether the division will be recalculated later if more becomes vested after the divorce.

